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One of the doctors on trial for allegedly conspiring to fuel Anna Nicole Smith with drugs claims he’s being prosecuted because he’s openly gay and a member of an ethnic minority. … we think that maybe some kind of medical association should be checking if he is really a doctor, because that just sounds retarded.

Dr. Sandeep Kapoor, an openly gay man of East Indian descent, claims in legal docs that there is “abundant evidence that others similarly situated to Dr. Kapoor were not prosecuted in this or comparable cases, and that the District Attorney’s Office targeted Dr. Kapoor in order to buttress claims and agendas.”

In the docs, Kapoor’s lawyer, Ellyn Garofalo, claims a picture published by TMZ showing her client in the 2005 Gay Pride Parade in West Hollywood was “the catalyst for his prosecution.”

If anything, the good doctor is just making the stereotype of “all gays are disease riddled and addicted to drugs” even worse. We’re pretty sure you’re under the microscope for killing Anna with neglect, not with your gay pee pee.

The Howard K. Stern trial (the trial in which Howard Stern and others are accused of instigating Anna Nicole Smith’s drug addiction) is starting to see some complications. The prosecutors want the judge to prohibit the defense lawyers from telling the jury that the two main legal powers involved in the prosecution are running for election.

The D.A. does not want to “distract the jury into making their determination based on whether they like or dislike the candidates, or based on some perceived motivation for the prosecution.”

Attorney General Jerry Brown is running for Governor of California. L.A. County District Attorney Steve Cooley, whose office is prosecuting the case, is running for Attorney General. Both of these men do not want to color either the case or the election and cause either legal event to be unfair

The D.A.’s motion asks the judge to exclude questions or arguments designed to show “the investigation was somehow motivated by these elections rather than the desire to determine whether crimes had been committed.”

Ellyn Garafalo, the lawyer for defendant Dr. Sandeep Kapoor, says, “The prosecution seems to be acutely sensitive to allegations that have been swirling in the press for months — that the prosecution is politically motivated.”

In a new interview with OK!, single father Larry Birkhead opens up about his very busy life with his "fun and fearless" 3-year-old daughter Dannielynn. The doting dad reveals his pretty preschooler's latest milestones and how she takes after her late mother Anna Nicole Smith.

On his daughter Dannielynn: "Dannielynn is probably the funniest, craziest kid that I’ve met with the craziest sense of humor, just like her mom. She’s fearless and fun.... She has Anna’s smile, Anna’s mouth, and a lot of attributes that Anna has that she continues and carries on."

On Dannielynn's latest milestones: "Her imagination is going crazy with things. She pretends to be certain people. She loves Spongebob, so she pretends to be Spongebob and I have to be Patrick. She knows tons of letters, words and numbers. She’s always trying to experiment with different things. She’s super-inquisitive, she loves to learn. She’s always asking questions. She likes me to read her books..... The milestones are that she’s brilliant. She’s ultra-advanced. You see her around other kids her age, and it’s remarkable how she tries to become a nurturer to kids. She always asks kids ‘are you OK? do you need anything?’ She’s kind of a mother to these kids, and for not having a mother, and having that natural instinct, I think is special."

The flamboyant judge brought to fame in the fight over Anna Nicole Smith’s remains has described her death ‘a potential murder case.’

Larry Seidlin, the former Fort Lauderdale judge, is harshly critical of Smith’s lawyer-turned-companion Howard K. Stern, and of the police investigations into the deaths of the Playboy Playmate and her son.

But as provocatively titled as The Killing of Anna Nicole Smith his new book is, Seidlin offers no evidence either death was anything more than the accidental drug overdoses they were deemed.

‘I think there was foul play and it should be investigated by an independent agency,’ he told TMZ.

‘I think enablers should be punished,’ he writes in the book, referring to Stern.

‘How about keeping her off drugs while she was alive? He was with her every day; how about saying no, and if she kicks your ass out, then goodbye and good luck.’

Then, the judge says, ‘we won’t have all this celebrity blood on our hands.’

Seidlin presided over the six-day televised hearing into the fate of Smith’s body, shortly after her February 2007 death.

His jurisdiction was limited to control of Smith’s body; Florida never charged anyone in connection with her death. A California court is determining whether she was illegally given drugs.

Seidlin’s hearing became a national obsession, with a cast of characters suited for reality TV. Bronx-born Seidlin, a former New York cab driver, was full of smart-alecky one-liners and nicknames for the massive roster of attorneys and witnesses.

For example, he called Dr. Joshua Perper, the medical examiner, Dr. Pepper.

‘I’m not going to talk about this case ever again,’ he promised at its close.

But, of course, he did and he remained in the news. He even tried to parlay his fame into a TV show. Now he has his book, from Canada-based Transit Publishing, which specializes in celebrity biographies.

Meanwhile, Stern and two of Smith’s doctors are scheduled to go on trial Aug. 4 on charges that they illegally funneled sedatives and opiates to the model.

They have pleaded not guilty and are not charged with causing Smith’s death.

Seidlin says Stern ‘exercised a great amount of control over Anna Nicole by maintaining and reviewing her drug desires and addiction.’

He calls for reopening investigations into the death of her 20-year-old son, Daniel Smith, in September 2006 and of the model five months later, noting Stern was present at both. He says police bungled the original investigations.

Stern’s attorney, Steve Sadow, had no immediate comment on the book.

Much of Seidlin’s book is a rehash of the Smith hearings he oversaw, simply reprinting court transcripts with commentary mixed in.

He frequently tries to burnish his own image as a judge, but also appears to question the one decision he made in the case.

‘I want her buried with her son in the Bahamas,’ he said through tears at the time. ‘I want them to be together.’

Throughout the book, though, Seidlin is sympathetic to Smith’s mother, Virgie Arthur, who fought for her estranged daughter’s burial in her native Texas.

He calls for her reburial there, or possibly in California, saying: ‘Her soul and Danny’s soul need to be placed on sacred ground in the Lone Star state with people who grew up with her and loved her in her simpler days.’

He admits in the book that he ‘got a little hoaky … a little corny’ during the trial.

He defends against criticism that his showboating drastically elongated proceedings, saying anyone who thinks they could have been done in a day or two ‘is a complete idiot’.

He also says he’s not ashamed of sobbing on the bench, nor has he shed his last tear over the case.

As for when he first learned he would be handling the case, Seidlin said he received a call from his judicial assistant alerting him they needed to schedule an emergency hearing.

‘Who is Anna Nicole Smith?’ he said he asked his wife, who was incredulous he didn’t know.

‘If she played second base for the Yankees,’ he retorted, ‘I’d know her.’

A spokesman for the Seminole Police Department said: ‘Seidlin is wrong. Seminole Tribe Police completed a comprehensive investigation of the death of Anna Nicole Smith in complete cooperation with the Broward County Medical Examiner, the Office of the State Attorney and the Crime Lab of the Broward Sheriff’s Office.

‘Since then, Seminole Police have worked closely with California investigators, who are prosecuting criminal charges in the case.’

Weeeeeeee! Larry Birkhead and his gorgeous 3 1/2-year-old daughter Dannielynn spent a fun filled afternoon together at a farmers market in Los Angeles, Calif. on Sunday (June 13). The father-daughter duo were all smiles as they went down a slide together.

Dannielynn's mother is the late Anna Nicole Smith. At the time of her third birthday, Larry said that Dannielynn was showing signs of missing a mother figure in her life:

She misses her mom so much. Right now she’s at the age where she’s noticing that other children in television and in books have moms. She said to me the other day quite seriously, “Where’s my mom?” It was sad but I explained to her, “Your mommy is in the clouds and you’ll see her again one day.” She knows who her mom is, though — I make sure of that. Our home is filled with photos of Anna and recognizes her straight away. I want to keep her mom and Daniel in her mind."

Larry Birkhead, the father of Anna Nicole Smith's daughter, Danielynn, now three, was on The Today Show on May 11 to discuss an auction in Las Vegas selling memoribilia related to the late model and celebrity.

Explaining why he was seling Anna's old belongings, he explained it was to provide a better life for Danielynn:"It's like, do I want to hold on to one of Anna's dresses, or do I want to try to help Dannielynn's future?"However, Larry insists they have enough to survive on, and the proceeds from the auction will exist as "supplemental" income.

The proceeds of the auction will be split three ways: one gown will benefit PETA, another will go to the Anna Nicole and Daniel Wayne Smith Foundation (named after Anna Nicole's first son, also deceased) and the rest will go into a trust for Danielynn.

An article in Reuters confirms that a Federal Appeals Court has finally put the final nail in the case of oil tycoon J. Howard Marshall’s estate. The late Anna Nicole Smith had been engaged in a nasty battle with Marshall’s late son E. Pierce Marshall over the estate for the better part of 15 years.
Smith met Marshall while dancing in a topless bar at the age of 26. Marshall, 89 and ailing, married the young exotic dancer and died just over a year later. From that day on Marshall’s young wife and not-so-young son were locked in a war that made it all the way to the Supreme Court.

In a sad twist to this story, none of the original contenders in this match are alive to see it come to an end. Smith , who rose to fame after her husband’s death as a model and later a reality TV personality, died of a tragic drug overdose in 2007, following the shocking death of her young son Daniel in 2006. E. Pierce Marshall also passed away in 2006 of natural causes.

Smith is survived by her 3 year old daughter Danielyn, who now stands to receive not even a cent of J. Howard Marshall’s estate.

Such a sweet pair! Larry Birkhead and his gorgeous 3-year-old daughter Dannielynn had a blast together at the Boom Boom Room baby event at the Century Plaza Hotel in Los Angeles on Friday (January 15). The adorable daughter of the late Anna Nicole Smith had fun playing in the ball pit and trying out hand lotions on daddy's face!

At the time of her third birthday, Larry said that Dannielynn was showing signs of missing a mother figure in her life:

She misses her mom so much. Right now she’s at the age where she’s noticing that other children in television and in books have moms. She said to me the other day quite seriously, “Where’s my mom?” It was sad but I explained to her, “Your mommy is in the clouds and you’ll see her again one day.” She knows who her mom is, though — I make sure of that. Our home is filled with photos of Anna and recognizes her straight away. I want to keep her mom and Daniel in her mind."

Larry Birkhead was spotted holding his 3-year-old daughter Dannielynn close at the airport in Nassau, Bahamas departing to the United States on Monday (December 7).

Dannielynn's late mother, Anna Nicole Smith, was residing in the Bahamas prior to her death in February 2007. Smith and her boyfriend-attorney Howard K. Stern were reportedly staying in the Bahamas to avoid paternity testing of Dannielynn in the United States.

On April 10, 2007, a Bahamian court ruled that DNA testing proved that Larry Birkhead is the father of Dannielynn.

Absolutely gorgeous! Proud papa Larry Birkhead was photographed at LAX with his beautiful daughter Dannielynn on Friday (November 19). The adorable 3-year-old smiled at the paps and smooched her daddy while going through security. Dannielynn's mother is the late Anna Nicole Smith.

We just spotted the sweet father-daughter duo at the Twirls and Twigs Fall Fashion Jamboree with Scott Baio and family.

At just 39 years old, Anna Nicole Smith drifted out of consciousness in a Florida hotel room — too weak to walk, sit up or even drink from a glass, until her heart stopped.

What had happened?

Prosecutors blame a battery of 44 different medications provided by some of the people closest to her: the man who claimed to love her more than anyone in the world; a psychiatrist who claims she was trying to help the former Playmate endure the recent death of her son, Daniel; and Smith’s own physician.

For the first time, many of the tragic details of Smith’s final hours are being revealed in court. The first witnesses took the stand this week in Los Angeles to determine whether Howard K. Stern, 40, Khristine Eroshevich, 61, and Sandeep Kapoor, 41, should stand trial on felony charges of conspiring to give dangerous drugs to an addict through fraudulent means, such as by using fake names.

The hearing, which follows a two-year investigation into Smith’s death, began with a bang. Maurice Brighthaupt, Smith’s security guard, described watching Smith slurp from a baby bottle of the powerful sedative chloral hydrate — cited by a coroner as a primary cause of Smith’s fatal overdose — as if it were a Pepsi.

I saw her use a spoon maybe twice and after that it was bottle to mouth. Gulp,” Brighthaupt, also a Miami firefighter, testified, adding that he had several conversations with Eroshevich in which the psychiatrist expressed concern about Smith overdosing.

Stern’s lawyer said he trusted Smith’s doctors to prescribe what she needed for her physical pain and is not liable for the way they obtained the drugs.

Stern has pleaded not guilty to 11 felony counts, including prescribing, administering or dispensing a controlled substance to an addict, obtaining a prescription for opiates by fraud, deceit or misrepresentation, and conspiracy to commit a crime. Eroshevich and Kapoor are each charged with six felony counts, including unlawfully prescribing a controlled substance, prescribing, administering or dispensing a controlled substance to an addict and conspiracy to commit a crime.

The case is far from a slam dunk for prosecutors, and even Superior Court Judge Robert J. Perry has wondered aloud about placing criminal liability on doctors and a friend: “Whose fault is it that somebody takes too many pills?”

Deputy District Attorney Renee Rose replied that the defendants were “fully aware” that Smith was an addict who could not control herself around drugs.

“It’s like putting a gun in the hand of someone who is suicidal and saying don’t pull the trigger,” Rose said.

Special Agent Danny Santiago of California’s Bureau of Narcotics Enforcement said that Smith was clearly ill when she checked into the Seminole Hard Rock Casino in Hollywood, Florida, on February 5, 2007. Santiago testified a hotel clerk told him that Smith, a repeat customer, leaned on Stern to walk and seemed “out of it.”

Another hotel employee assigned to act as Smith’s personal assistant recalled Eroshevich telling her that Smith had the flu. The psychiatrist said she wasn’t licensed in Florida and needed help in getting a prescription for the model, Santiago said.

The hotel dispatched a local doctor to go to the room and treat Smith, but then Stern insisted the doctor stay away, citing concerns about negative press coverage.

He said that when detectives asked Stern where Smith’s baby was, he told them Dannielynn had stayed behind in the Bahamas. When asked about a baby bottle at Smith’s bedside, Stern replied that “she was so weak that that was the only way she could drink the Pedialyte” — a rehydrating drink for children.

Stern, a lawyer who became Smith’s fiancé, knew about her use of chloral hydrate and would pass her the bottle when she asked for it, Brighthaupt testified.

Brighthaupt said he also saw Stern inject Smith with other medication “more than seven times” and recounted seeing Stern in a bathroom using a cigarette lighter and a spoon to melt Valium into an injectable form.

“They felt it would get in her system faster,” he said.

Smith’s autopsy blamed her death on an acute combination of toxic drugs, especially chloral hydrate, Benadryl, clonazepam, diazepam and lorazepam.

The feds believed Anna Nicole Smith schemed to kill her tycoon husband’s son to grab the family fortune, but had no evidence to charge her, FBI files show.

The late Playboy Playmate was investigated from 2000 to 2001 for plotting the murder of E. Pierce Marshall, who was in a legal tug of war with her over his father’s $550 million estate.

There is no indication how authorities became aware of any alleged scheme, but agents interviewed Smith on July 3, 2000. Told why she was being questioned, “Smith began crying and denied ever making such plans,” a report said.

Smith told agents that killing Pierce Marshall would not have made sense because her ex-husband’s money would still be tied up in a trust, and because she believed the court battle over the fortune was nearly over, the report states. She told agents she believed the story about the plot was made up by a former lover angry that she broke off their relationship, according to the files.

“She was begging me to kill Pierce Marshall, telling me he was the Devil standing in the way of her inheritance, that we’d be set if I just take this gun and knife and do this.

“She convinced me that she wanted [Pierce Marshall] dead. But she was doped up. Then we’d wake up the next day, and she’d say, ‘No, no, I don’t remember saying that.’ It was like a split personality,” Hatten said.

Hatten, 41, said he feared a setup so he went to one of Marshall’s Texas lawyers. No direct evidence of Smith’s involvement appears in the FBI file. Agents confiscated a .375-caliber Smith & Wesson revolver, a knife and a Dr.Seuss hat that Hatten said was the hiding place for the weapons.

Michael Jackson will be buried this week– without his brain. As his family tries to finalise details for the King of Pop’s funeral on Tuesday they have been told it will be held back for tests.

They faced the grim choice of waiting up to three weeks for Jackson’s brain to be returned to them or go ahead and bury him without it – which they have decided to do.

Los Angeles Coroner’s spokesman Craig Harvey confirmed that neuropathology tests will be carried out to see if it holds any clues to the exact cause of his death.

But the examination cannot begin until at least two weeks after the death when the brain has hardened sufficiently to slice it open.

Jackson died from a cardiac arrest at his Beverly Hills mansion on June 25 after a suspected overdose of painkillers.

Sources at the coroner’s office revealed that his brain was removed before his body was released to relatives the next day.

A forensic neuropathologist will test Jackson’s brain for, among other things, past drug use and whether he has suffered overdoses in the past.

The brain can also show any past abuse of alcohol or if the deceased had suffered from any one of a number of diseases. The source said that removing the brain is the “only way to carry out the tests”.

“The tissue has to be examined,” he said. “I can’t tell you how long that is going to take.”

One expert explained that the Jackson family could decide to wait and bury the brain with the rest of the body. But it is far more common for the lab to burn the remains once they’ve been examined or for them to be placed into the grave at a later date.

“It’s up to the family. They can bury him and then bury the brain later on,” said Dr Cyril Wecht, a former coroner and one of America’s foremost forensic pathologists.
But he added: “It’s rare for the body to be held back for two weeks or more.”

Jackson’s body was handed over to his family soon after the three-hour autopsy was completed and the Jacksons went on to order a second forensic examination.

But Dr Wecht said: “The brain cannot be properly examined at the time of the autopsy. You cannot test it while it is in the body. So it is cut off at the spinal cord and removed.”

The brain would usually be placed in a plastic bucket, suspended in formaldehyde fluid, and put in a refridgerator at 4C to preserve it.

Dr Wecht went on: “People don’t realise how soft the brain is. To do the type of detailed examination required you need to have the brain much harder – and for that you have to wait for at least 10 days to two weeks.”

Dr Wecht, who was not involved in the Jackson autopsies, has reviewed and been consulted on many high-profile deaths, including John F. Kennedy, Elvis Presley and Anna Nicole Smith.

“In Los Angeles they have a neuropathologist they work with, and he will be looking at the brain,” he said.

It is cut into sections of less than half-an-inch thick and reviewed first by the naked eye and then through a microscopic. “That all takes 17 to 18 days,” Dr Wecht added in an exclusive interview.

Dr Wecht, who chronicles his career dissecting more than 16,000 bodies in his best- selling memoir A Question Of Murder, added: “In the 47 years I have been doing this I reckon only about one per cent of families say they want the brain back so they can bury it. In most cases it is incinerated.”

The autopsy is expected to show that the 50-year-old singer had drugs in his system when he died.

At various times, he is said to have been taking Demerol and Oxycontin for pain from old back and leg injuries and Diprivan, a hospital anaesthetic, to help him sleep.